Kim injures Kath on their own property - HSC - SSCE Legal Studies - Question 12 - 2004 - Paper 1
Question 12
Kim injures Kath on their own property. Kath reports the incident to the police. As a result, Kim is charged and the matter goes to court.
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Worked Solution & Example Answer:Kim injures Kath on their own property - HSC - SSCE Legal Studies - Question 12 - 2004 - Paper 1
Step 1
Kim is acquitted because it is a private law matter.
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Answer
This statement is incorrect. While it seems that Kim's actions could relate to private law, the scenario indicates that Kim was charged, which typically falls under public law.
Step 2
Kim is convicted of a public law matter on private property.
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Answer
This statement is possible. If Kim's actions resulted in a criminal charge, it would be a public law matter, regardless of the incident occurring on private property.
Step 3
Kath has the burden of proof in this public law matter.
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This is generally incorrect as the prosecution usually holds the burden of proof in public law matters, which would be managed by the state.
Step 4
Kath has the burden of proof in this property law matter.
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This is plausible in a civil case related to property rights. In such cases, the injured party (Kath) typically bears the burden of proof.